What Will Hold Up in Family Law Involving a Child? 

If you are battling your spouse over custody of your child, you may be wondering what will hold up in family law. Whether you are fighting over race, sexual orientation, or custody order, you can learn what will hold up in family law involving a child. You can also explore your options for Alternative Dispute Resolution (ADR) or mediation. A family law attorney can assist you in navigating the family court system.

(Family Law Attorney Missoula MT  at S. DeBoer Attorney at Law are committed to helping you face your family legal matters with expert legal assistance.)

Parent’s sexual orientation 

In a custody case involving a child, a court will consider the sexual orientation of a parent only if it has a detrimental impact on the child. A violent relationship with frequent moves between homes, hospitalizations, and police intervention is a good example. These circumstances make it unlikely for the court to award custody to the abusive parent. Instead, the court will allocate parental responsibility to the other parent, who must be “fit” under the law. 

Race 

The question is whether race will hold up in family law involving o a child. There is no definitive answer, but the U.S. Supreme Court has ruled that race should not be a factor in custody disputes. In the case of Palmore v. Sidoti, a white woman who had been married to an African American had remarried and moved into a predominantly African American neighborhood. After the divorce, the father filed for a modification of custody based on the changed circumstances. 

Custody order 

The courts will give the most weight to the custody order that the parents come to together. A judge will likely adopt a custody arrangement that is in the best interest of the child. Parents who are willing to work together are the best way to ensure that their custody order holds up. Listed below are some important aspects of a custody order. In addition, you can use these factors to your advantage during the custody battle. 

Alternative Dispute Resolution (ADR) 

In many cases, parents may decide to pursue other methods of resolving their differences before heading to court. Alternative dispute resolution methods, like mediation, arbitration, and neutral evaluation, can help settle disputes without the need for a trial. They can reduce stress and enhance satisfaction, as they allow the parties to control the outcome. Moreover, ADR methods are a more favorable option than litigation because they allow parents to work together in a less stressful atmosphere. 

Keeping a diary of phone calls between a child and a non-custodial parent 

Documenting phone conversations between the child and the non-custodial parent is a very effective way to build a custody case. The other parent may be accused of providing financial support, but by keeping a diary of phone calls between a child and a non-custodial parent, you can make the case for your position in court.